¶1dissenting:
¶2I would affirm the judgment of sentence. There is no basis for remand, appointment of new counsel and further lower court proceedings. In this connection I would adopt a portion of Commonwealth’s brief, page 2-3:
“Defendant’s first claim is that trial counsel was ineffective for not objecting to alleged hearsay testimony of Officer Panasevicz that he went to Emil’s Delicatessen at the time in question because he “responded to a radio message, burglary in progress” at that location (N.T. 9). This claim is raised for the first time by new counsel in this direct appeal. Therefore, as there has been no hearing on this claim, trial counsel has had no opportunity to explain his action in this regard. Nonetheless, it is apparent that to have objected to this testimony would have been an empty formality. Had the officer testified only *619that he went to the location specified as a result of a radio call, the judge, as trier of fact, would have been entitled to infer that the call reported a crime being committed. Counsel might also have assumed that Ralph Green, the night manager of Emil’s Delicatessen, who had testified at the preliminary hearing that he was the source of the radio call information that Officer Panasevicz received (N.T.P.H. 5), would reiterate this testimony at trial. In any event, to grant defendant a new trial because his trial counsel failed to object to evidence of the obvious would be ridiculous.”
¶3See Comm. v. Hubbard, 472 Pa. 259, 372 A.2d 687 (1977) 472 Pa. at 277, 278, 372 A.2d at 695-96 where it is said:
“In resolving this contention we are guided by the standard set forth in Commonwealth ex rel. Washington v. Maroney, 427 Pa. 599, 604, 235 A.2d 349, 352 (1967):
(C)ounsel’s assistance is deemed constitutionally effective once we are able to conclude that the particular course chosen by counsel had some reasonable basis designed to effectuate his client’s interests.
The initial factor which must be considered in applying this reasonable basis standard is whether the claim which post-trial counsel is charged with not pursuing had some reasonable basis. In Maroneywe noted that ‘a finding of ineffectiveness could never be made unless we concluded that the alternatives not chosen offered a potential for success substantially greater than the tactics actually utilized.’ Commonwealth ex rel. Washington v. Maroney, 427 Pa. at 605 n. 8, 235 A.2d at 353. Because counsel does not forego an alternative which offers a substantially greater potential for success when he fails to assert a baseless claim, counsel cannot be found to have been ineffective for failing to make such an assertion.”
¶4See also Commonwealth v. Ashley, 277 Pa.Super. 287, 419 A.2d 775 (1980) where we said: “A corollary of this principle is that before there is an inquiry into the basis for counsel’s particular course of action, it must first be determined whether the claim which counsel is charged with neglecting *620is of arguable merit. Commonwealth v. Sherard, 483 Pa. 183 [394 A.2d 971] (1978); Commonwealth v. Gaston, 474 Pa. 218 [378 A.2d 297] (1977); Commonwealth v. Hubbard, 472 Pa. 259 [372 A.2d 687] (1977). In other words, counsel can hardly be deemed ineffective for failing to raise frivolous issues or make fruitless objections. Commonwealth v. Wilson, 482 Pa. 350 [393 A.2d 1141] (1978); Commonwealth v. Hubbard, supra; Commonwealth v. Rice, 456 Pa. 90 [318 A.2d 705] (1974).”
¶5In summary, the failure to object to the alleged hearsay testimony was not error on the part of trial counsel as the testimony added virtually nothing to the case. To remand under these circumstances is to further waste judicial time and energy. I would affirm the judgment of sentence.